Staff recommends the City Council ratify the approval of the revised Resolution adopted at the March 22, 2021, City Council meeting following public hearing on annexation of land located West of AJ Way and North of Highway 3. The property is described as Tracts 1A and 1B, of Certificate of Survey No. 1889 Amended, recorded December 28, 2010, under Document No. 3574908, on file and of record in the Records of Yellowstone County; Including all adjacent rights-of-way of Montana State Highway No. 3.

On March 22, 2021, Council held a public hearing on the annexation of land located West of AJ Way and North of Highway 3. The property is described as Tracts 1A and 1B, of Certificate of Survey No. 1889 Amended, recorded December 28, 2010, under Document No. 3574908, on file and of record in the Records of Yellowstone County; Including all adjacent rights-of-way of Montana State Highway No. 3.

The draft of the Resolution which was attached to the staff memo on March 22, 2021, indicated the owner was Aviation Properties LLC however it should have listed Lupine Holdings LLC as the owner of record.  A change in ownership had occurred after the annexation petition was filed but prior to the public hearing on March 22, 2021.  All the principals of both entities are the same and Lupine Holdings LLC specifically consented and approved the petition to annex the property as it was originally filed by Aviation Properties LLC.  It was determined that the petition was sufficient to proceed on the petition for annexation.

Council approved the annexation and the Resolution, which included conditions that need to be satisfied prior to the annexation becoming effective.  Following the vote to approve the annexation petition and the Resolution, a motion to reconsider was made for the purpose of correcting the error in the Resolution, which listed the incorrect owner entity as Aviation Properties LLC instead of Lupine Holdings LLC.  The motion to reconsider was approved unanimously and Council quickly moved to the next agenda item because the intent of the motion to reconsider was to bring the Resolution back before Council in order to make the correction and approve the Resolution of the annexation at one time.

However, section 2-221(2)k. requires that "[if] a motion for reconsideration is approved by a majority vote of the city council, then the decision on which the vote is to be reconsidered is placed back on the agenda at a location specified by the mayor for further consideration and another vote.” Therefore, since a second vote was not taken on the revised Resolution, it is appropriate to present the revised Resolution for approval at this time.  

An additional public hearing is not required because one was held on March 22, 2021. Additionally, it was not the intent of Council to reverse the decision made about annexation, the motion to reconsider was made in order to correct an error contained in the Resolution.  All requirements of the public hearing have been satisfied regarding the petition for annexation 20-05B and this is brought to Council to simply ratify the action taken on March 22, 2021, and formally approve the Resolution of the annexation of the property located West of AJ Way and North of Highway 3, described as Tracts 1A and 1B, of Certificate of Survey No. 1889 Amended, recorded December 28, 2010, under Document No. 3574908, on file and of record in the Records of Yellowstone County; Including all adjacent rights-of-way of Montana State Highway No. 3.
 

City Council may:

• Approve; or,
• Not Approve